HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.35 of 2025

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of F.C.O.P.No.1287 of 2024 on the file of the learned Judge, Family Court, at Ranga Reddy District at L.B.Nagar to the Court of learned Senior Civil Judge, Ramannapet, for trial along with H.M.O.P.No.146 of 2024.

2. Heard Sri K.Srinivasulu, learned counsel for the petitioner as well as Sri Thomas Lloyd, learned counsel for respondent.

3. The Brief factual matrix of the case are that the petitioner and respondent are wife and husband and their marriage was solemnized on 07.06.2023, at Valigonda Road, Choutuppal Municipality Yadadri-Bhongior District, as per the prevailing customs in their community and soon after their marriage, the petitioner joined the matrimonial house of respondent. It is averred that the petitioner was subjected to physical and mental harassment by respondent and his family members, for additional dowry and was necked out from matrimonial house; that the petitioner filed H.M.O.P.No.146 of 2024 before the Court of Principal Senior Civil Judge, at Bhongir for restitution of conjugal rights, since the respondent is ignoring the petitioner. In the meanwhile, respondent filed F.C.O.P.No.1287 of 2024 on the file of learned Judge, Family Court, at Ranga Reddy District at L.B.Nagar for dissolution of marriage.

3.1. It is further averred that at present, the petitioner is taking shelter in her parent’s house and is financially dependent on her parents. Therefore, it is difficult for the petitioner to travel from Yadadri Bhongir District to Ranga Reddy Distrct to attend the F.C.O.P. In those set of circumstances, the petitioner filed the present Tr.C.M.P.

4. Learned counsel for the petitioner apart from reiterating the averments made in the Tr.C.M.P, contended that the petitioner has filed H.M.O.P.No.146 of 2024 for restitution of conjugal rights which is pending at Bhongir, whereas the F.C.O.P.No.1287 of 2024 filed by the respondent for divorce is pending at Ranga Reddy District. He further submitted that parties are same and the facts to be considered and the issues to be decided are more or less the same and therefore, it is always appropriate that both the matters to be decided by the same Family Court and hence, prayed to allow the present Tr.C.M.P.

5. Learned counsel for the respondent would submit that respondent is apprehending threat to his life from the petitioner, therefore his appearance may be dispensed with. However, the respondent has failed to place any material on record in support of his contention.

6. This Court considered the submissions made by learned counsel for the petitioner as well as learned counsel for the respondent and perused the material available on record.

7. The underlying principle governing the proceedings under Section 24 of the CPC seeking transfer of the case, appeal or other proceedings, is enunciated by the Hon'ble Supreme Court in a catena of judgments and the same was followed by various High Courts.

8. The Hon’ble Supreme Court in NCV Aishwarya Vs.

A.S.Saravana Karthik Sha, 2022 SCC Online SC 1199 held as follows:

“ The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the

economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.”

9.